(Download) "Riley v. Fitzgerald" by Second Appellate District, Division Six Court of Appeal of California ~ eBook PDF Kindle ePub Free
eBook details
- Title: Riley v. Fitzgerald
- Author : Second Appellate District, Division Six Court of Appeal of California
- Release Date : January 13, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
This is an appeal from an order striking plaintiffs punitive damages claim from her first amended complaint for damages and/or injunctive relief against defendant the South Coast Air Quality Management District. The sole issue on this appeal is whether Government Code section 818, which precludes the imposition of punitive damages against a public entity, violates the equal protection clauses of the Fourteenth Amendment of the United States Constitution, and article I, section 7 of the California Constitution. We shall conclude that because the complaint only alleges ad hoc acts of misbehavior by employees of a public agency, the statutory preclusion against the imposition of punitive damages is not in this instance violative of equal protection. We do not reach the issue of whether such a statutory preclusion should be upheld were a plaintiff to allege the harm resulted from legislation, rules or policies the public agency itself enacted.
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